The "Chief Bradley Haas Mental Health Firearms Reporting Act" establishes a framework in New Hampshire for reporting mental health data relevant to firearms background checks. It amends existing laws to incorporate mental health record checks into the firearms sale process and creates a new chapter titled "Mental Health Reporting for Firearm Background Checks." This chapter mandates that the judicial branch and the department of safety report individuals disqualified from firearm possession due to mental health issues to the National Instant Criminal Background Check System (NICS). Key provisions include court notifications to individuals regarding their firearm prohibitions following certain mental health findings and the option for individuals to voluntarily surrender firearms to trusted third parties. The bill also emphasizes the confidentiality of mental health records, ensuring that only pertinent information is shared with NICS while excluding records of individuals seeking voluntary treatment.
Additionally, the bill introduces a chapter on "Relief from Disabilities," allowing individuals who have been involuntarily committed or found not guilty by reason of insanity to petition for relief from firearm disabilities after specified time frames. The court is required to hold hearings for these petitions and may order psychiatric evaluations to assess the petitioner's mental capacity regarding firearm possession. The bill stipulates that the burden of proof lies with the state to demonstrate that the petitioner poses a danger to public safety, and if relief is granted, the court will request the removal of the petitioner's record from NICS. The bill also includes provisions for the Attorney General to seek federal approval for the restoration of rights process and repeals a section of current law related to NICS submissions. It appropriates $1 for the Judicial Branch to cover costs associated with independent psychiatric evaluations, while also anticipating increased costs for the Judicial Branch due to heightened reporting requirements and potential staffing needs, estimated to exceed $82,000 in FY 2026.
Statutes affected: Introduced: 159-D:1, 126-AA:2
As Amended by the House: 159-D:1, 126-AA:2